Madhya Pradesh High Court
Rana Bhadoriya vs The State Of Madhya Pradesh on 30 May, 2022
Author: Deepak Kumar Agarwal
Bench: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 30th OF MAY, 2022
MISC. CRIMINAL CASE No. 24651 of 2022
Between:-
RANA BHADORIYA S/O DILIP SINGH
BHADORIYA , AGED ABOUT 39 YEARS, 17
GAJRAJ BIHAR D D NAGAR AVENGER SCHOOL
GIRD GWALIOR MARAJ AIRPORT (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI PAWAN PATHAK - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION MAHARAJPURA GWALIOR
(MADHYA PRADESH)
.....RESPONDENTS
(BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR &
SHRI RAJKUMAR JOSHI - ADVOCATE FOR THE COMPLAINANT)
This application coming on for hearing this day, the court passed the
following:
ORDER
This is first bail application under Section 438 Cr.P.C. filed by the applicant for grant of bail.
The applicant is apprehending his arrest in connection with Crime No. 602/2021 registered at Police Station Maharajpura, District Gwalior for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.
In brief prosecution case is that on 15.9.2021 complainant Gajraj Singh lodged a computerized complaint with S.P. Gwalior that he is having a plot 102, area 800 sqft. at Adityapuram, Bhind road which he purchased from 2 Brahmnadevi Bhadoria by registered sale deed dated 7.8.2013. Accused Brajendra Singh and accused Manoj Singh very well knowing that the aforesaid plot is in the ownership of complainant Gajraj Singh fabricated the sale deed with his counterfeit signature and voter ID card and after misusing the photo of complainant in favour of Brijendra Singh. Thereafter,accused Birjendra Singh sold the aforesaid plot to accused Netrapal Singh and his wife Rana Singh. Rana Singh gave a public notice in Dainik Bhaskar on 13.3.2015 after inviting objection of purchase of the aforesaid plot. Complainant Gajraj Singh lodged a n objection on 19.3.2015 to Rana Singh through his Advocate Y.P.Singh, despite this on 9.11.2015 accused Netrapal and Rana Singh Bhadoria purchased the aforesaid plot. By way of this act accused Netrapal, Brijendra, Manoj and Rana Singh cheated him.
From the side of applicant-accused, it is submitted that there is no role of the applicant is the commission of alleged offence. He has falsely been implicated in this case. It is further submitted that co-accused Netrapal has already been granted anticipatory bail by this Court vide order dated 10/05/2022 passed in M.Cr.C. No.20332/2022 and the case of present applicant is on same footing. On aforesaid facts and circumstances of the case, learned counsel prays for grant of anticipatory bail to the applicant.
Learned counsel for the State as well as counsel for the complainant vehemently opposed the application and prayed for its rejection.
Looking to the facts and circumstances of the case but without commenting upon the merits of the case, the application is allowed and it is hereby ordered that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/-(Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of 3 the Investigating Officer/Arresting authority.
Application stands allowed and disposed of.
Certified copy as per rules.
(DEEPAK KUMAR AGARWAL) V. JUDGE Shubhankar Digitally signed by SHUBHANKAR MISHRA Date: 2022.05.31 11:37:05 +05'30'